Marshall L. Schwartz and Lisa J. Peters recently obtained a defense verdict in a medical malpractice case on behalf of a hospital following a four-day jury trial in Philadelphia County.
In December of 2013, the plaintiff was transferred to the critical care unit of defendant hospital for significant pericardial effusion with tamponade physiology. The plaintiff presented with a stage II wound on admission and was discharged with same. Plaintiff’s experts argued that the wound was not properly cared for during admission, resulting in the worsening of the wound and continued treatment subsequent to discharge, including surgical debridement.

The defense maintained that proper care and treatment was provided and that the plaintiffs significant comorbidities, most significantly, end stage renal disease and diabetes, are what contributed to her inability to heal; not the care of the defendants.

After approximately two hours of jury deliberation, the jury found in favor of the defendants.